When I started getting into trouble I became pretty acclimated to legal procedures. Calling my attorney and working out bail was just another way to spend a Saturday night. Unfortunately, the stiffer the charges, the more difficult it was to talk my way out of a bad situation. After so many charges, I found myself slapped with a long jail sentence, and I realized that I wanted to turn things around. Fortunately, my lawyer was able to walk me through yet another process, so that I could make the right changes. My blog discusses how to emotionally cope with legal issues so that you can start living a good life.
If you are judged to have contributed to a motorcycle-car accident, then your damages may be reduced or you may even lose your case outright. Here are some of the actions that may make the court believe that you contributed to the accident:
You Were Not Wearing Protective Gear
You need to put on the right shoes, gloves, and helmet before getting onto a motorcycle; there may be other protective gear, but these three are the premier pieces. The helmet, in particular, is adept both at preventing accidents and reducing the severity of injuries if an accident does occur. For example, wind debris can easily get into your eyes and make you lose control of the motorcycle if you are not protecting your eyes.
That is why some jurisdictions make it illegal to ride a motorcycle without a helmet. Even if your jurisdiction doesn't have such a law, the defendant may argue that your injuries may not have been as serious as they are if you had been wearing a helmet. This is especially true if you sustained head injuries in the accident. Such arguments, if successful, will reduce the size of your damages.
Lane splitting, which is described as riding between two rows of slow-moving or stopped cars, is an emotive issue with both motorcycle owners and car owners. There are those who argue it's safe and efficient while others view it as an accident waiting to happen. Lane splitting is illegal in many states, but it's legal in a few places.
Expect the defendant to argue that you contributed to the accident if you got hurt while splitting lanes in a jurisdiction where the practice is illegal. Again, even if it wasn't illegal, you may still be deemed to have contributed to the crash if it can be proven that the lane splitting somehow increased the risk of the crash.
Your Riding Wasn't Safe Considering the Conditions
It is much easier to lose control of a motorcycle than a car because the former only has two wheels. This means that minor or moderate road conditions that may not trouble a car much can easily make a motorcycle rider lose control of their bike.
As you know, every road user is expected to drive safely depending on the prevailing road and weather conditions. This is true both for drivers and riders; it is just that the threshold of what is considered risky is lower for motorcycle riders. Therefore, for example, you may be judged to have been going at a dangerous speed if the road was wet and the surface was slippery – this may be the case even if you were going at the same speed as the car that collided with yours. This makes sense because what is dangerous for you may be very safe for drivers.
If you have been involved in a motorcycle crash, reach out to an attorney like those at Randall A. Wolff & Associates, Ltd for legal advice and guidance.Share